The benefits of arbitration evaporate when arbitration is not used as a substitute for litigation, but as a complement to litigation. In this way, a procedure to expedite dispute resolution will be transformed into a mechanism for delaying and obstructing the final resolution of disputes. If you submit a right to a USAA car accident on the other driver`s directive, this is a third party request. His insurance cannot ask you to go to arbitration. Only your own insurance can do this. If a transaction with a third-party insurance company is broken, you and your lawyer will generally take legal action. Employees can sometimes find themselves in a tight position when it comes to arbitration agreements. While you technically have the choice not to sign an arbitration agreement that seems rather biased in your employer`s favour, the employer can simply revoke the job offer if you refuse to sign. The USAA arbitration clause imposes arbitration proceedings in the event of a dispute over whether the insured has “legally the right to claim damages after that approval.” Reading restrictively, the clause could be understood to refer only to the question of whether Turck is entitled to damages against the unidentified person who fired a handgun at him. A broader and more literal reading would require an arbitration procedure to determine whether Turck`s violation is compensable under the UM coverage rules of USAA policy. We have often observed that because insurance policies are not easily understood, the ambiguities of insurance contracts in general should be resolved against the insurer. See Sparks v.
St Paul Ins. Co., 100 N.J. 325, 336, 495 A.2d 406 (1985); Allen v. Metropolitan Life Ins. Co., 44 N.J. 294, 305-06, 208 A.2d 638 (1965). Guided by this principle and by the non-desire of bifurcating claims between the court decision and arbitration, we believe that the question is whether Turck`s violation is caused by an accident and can be compensated by other means according to USAA policy. Do you have to give up your rights and obligations under a contract? Learn more about the basis of an attachment and acceptance agreement. In this context, we note that the standard form of the 1996 insurance office, filed with the Ministry of Insurance, expressly states, in the “Arbitration” section for UM coverage, that “coverage disputes in that part cannot be negotiated.” See also Craig and Pomeroy, see above, Appendix C-1 to 603 (with a compromise clause in personal automobile policy that expressly excludes the resolution of hedging disputes).
While the public policy of this state is to favour arbitration as a means of resolving disputes that would otherwise be brought to justice, it is equally true that the duty to arbitrate, and the scope of arbitration, depend solely on the parties` agreement. The parties can organize their arbitration in any form they choose and contain all the provisions they wish to limit. The parties have the right to decide on the exact terms of the contract; the court cannot rewrite the contract to broaden the scope of arbitration or to make it more effective in another way. It is also significant that, although Parliament imposed a mandatory reconciliation of PIP rights on the insured`s choice (N.J.S.A. 39:6A-5c) and demanded a non-binding reconciliation of certain claims for unlawful acts (N.J.S.A. 39:6A-31), it did not require any arbitration proceedings for claims. Thus, identifiable public policies are here to promote the use of arbitration, while choosing or rejecting full flexibility for the parties, and to structure and limit this process as they choose.
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